New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-10-29
SUPPLEMENT.
OCTOBER 20, 1887.
MRS. STEWARDS WILL AGAIN
A NEW PETITION FOR IT'S REVOCATION.

RostLIE BUTLER SEEKING 10 SET ASIDE THE PRO-
VISIONS IN RELATION TO THE PERSONALITY
petition fer the cation Of the will Of Cornea NJ
Stewart widow OF A. T. Stewart far relates IN this
perssnav. fled yesterday 10 the surrsgates office
BY CIV Lucas representing the firm of Evarts Choate
Resman Tho revocation is asked for by Rose Butler.
daughter Of Charles l.. Butler who married sister 81
Mrs. Stewart. and sister OF Prescott Hail Butler
The citation was Issued by Ansbnrn W. Dickinson. clerk
Of the surrogates Court reurnabe January before
the Surrogate whoever ne may be. Tho amount Of
the personally is not known inventory has ever
been fled Prescott Hall Buffers suit in the
Supreme Court for the partition Of the
real estate Is pending. we'll the suit Of Sarah n
Smith, daughter Of James Cnch. the deceased brother
Of Mrs Stewart. to have exJudce Henry Hilton removed
from the position Of executor.
WHAT THE PETITION SHOWS.
The r.ion ., Rcsalie Ru'Ier Of the CITY o, New:
York respectfrl'v shows foows: fonr petitioner
alleges on her information AMI belief
T. Tint certain writings. purnortipg 10 have
s,swort in her iiecm. as her last VIII i..tanes
namsIv writing purn"rne N he her "r.gnat
y, n, aa r..rnc v d,.. q, 'ra a7s "y is7s
Ma II 1892 ard Novrtshcr 20 1885 purnorf'ng "a no
coaicils Z. sn.h original will, and whereby Henry Hilton
and Charles T. Cn~ we've appointed ex.cntors tn~re"f.
were admitted 10 nroha'. nv the Surrogate of ne con,y
of New YORK on the thirteenth day ar Novcinher 1885,
q will NJ personal prop.rtv. -
IT. That the said manor WRITINGS NOT the last viii
and Of 'he said Corre'ia NJ Stewart deceased
TIT THAI the said writings nurnortn" 7" he s'icn
nsf will and testament Respectively obtained and
the ALLEGED execution Thereon procured nv 'ram anu
undue Influence and crcnm vrrton practiscd AGAINST
crd the said Cornea NJ Stewart by the said Henry
Hilton.
w That the said writings resnrr'ive'v were n"t
freely and Voluntarily eN"ened or
mad" her last will and es'ar"nf or codrIls crs"
h. the saf Cornell " ctew'rt deceased nni thst tns
suhscrrion thereto aud croof respectively w"r. IRE
fraud. dec"it and undue influence exercised
upon her by the said Henry Hilton.
CHARGES OF fraud.
" Thatthe bcquoat Of onehalf Of the rcsduary per.
sonal of the said Cornea W. Stewart supporting
IN he made Ivy the paper writing TO the said Henry
Hilto, upsn the alleged trusts and with the alleged
favors forth in the said writings and the sew
eral altered 'avors respecting snch spehalf pnrortine
10 he contained in acid paper writings rrsp"cvev were
respectively procured by fraui. dece and undno in
fusnce the said Cornelia NJ. Stewart By
the said Henry Hilton.
VI That the following portions OF the said paper
writings far thrv relate the personal estate OF
the said Cornelius ". stewart. thai Il 70 say:
!. so much ~ tho EIGHTH article ~ the said pap"r
writing purnor'ng he such ORIGINAL VIII "a nurnorts
20 give tn the hilton orehalf ~ III. rest.
rrdur and remainder of tho estate Of che said fornelA
So much Of the article NJ The said writ
,Se parsrraDh therein az follows: .rsces
shall he navahle until three wears from the
date tho Anal urohafr ~ this VIII nor shall any ~
the annss herein ~iven he pavah'" or commence until
Elk months fter srch final probate
codic ed Nav o. a7S cxcept that Of the first
article NJ such WRITING which revot"s and rrnns
70 he said original will IN said uon o on.half
OF the re,iuarv estate sail Cornea NJ Stewart.
be The coiicil dated % rnlv 1873
= article the ,ah writing purportine
to " tho cndicil ia cd Nav RI. 1880.
G. Anof IN. nap.r writing rnrnor'ing he the c"de
dated Novemrrr so ee5 "r""nt -" rerit,s thereof
therein rol~ws namely: Nov fher~f"r. 10 declare
that al isians in .atl will a.d co"icils re'an:
70 ,A Cathedral and SCHOOLS at Garden CITY are
hereby ahro~at.d. revoked and annnled."
is..rt.i AND pr"curea to b" included in ard
|
the rr scuton wiring respe"'ivclv. with
,ns "r. Ts' "non and
Coueia ". stewart the part ut tae said Henry Hi
WI That Henry Hl'or apd char'..J. Clinch. named
% executors Of said will. have taken nnon themselves
me- oa W w.. IN accorisnce herewith and such
lst,srs arc now In full force and effect
! IrGArFFs UNDER TIE WILL.
VIII That lecatees named in inc said paper writ
ngs beside yorr petltisper Charles Clinch. who
died in the lifetime OF the said cornea NJ. stewart,
vidover aud without ssue, but leaving last Will and
| testament Of which Prescott Hall Butler
| is tho only executor. Anna c. Clineh'
JULIA A. Clinch Emma A. Clinch, Sarah " sm.ts wife
OF said Prescott Hall Butler Lawrence Butler Charles
: Batter. Kate A. Witheriil formerly Kate smith,
White VIE OF stanford White Ella b. smith, Janos G.
Rn t rSssG E snter and Lillian l. swami wife Of
John swami charles j. Cllnch. Henry Hilton aud tharles
slic ,yccutors Of said WILL and Henry Hilton in
si all a. whom reside ~ the cts Of New-York cxcepi
SAID charles j. Ciirch who resides At Pau or Paris I'D
France aud except the said Louise Osborne. Who re-
sides al chicago Illinois and except the said NrGM,
Rutrr who resides Stockbri igr In Massachusetts, and
sNcept tie said Kate A. Withcr. nhs resides a. Gar
den CIV Queens COdhty. In the State OF New ORE
aud all OF whom OF full except the said Lswreocs
: Euil.r AMI hares = Butler. WHO infants UNDER
! the ace OF fourteen years. ,, =,
| TX That petitioner Is daughter o. lonisa u
Euiler deceased. who the vile or Cbarlcs u Duer
AMI sister of sail lOrnea W. stewart, ana Is orc
or The ltiers ne kin ami interested IN her estate
and that the only next OF kin OF the said Cofnrha ~
stewart whom left her surviving otner than your
pa tiouer are three sisters the SAID Anna 'inc
Julia A. Clnch and Emma A. 'lineh. said sarah y
| Clinch arceased. who was a nrethcr OF mo
said Coruea ". ani Prescott ban Butter, feen
| e. Butler vrznil Butler, Maxwell T. Butler ana i.ah
l. swami also children OF the said Lsuisa T. suffer- &c
| ceased Wherefore your petitioner prsys Tor decree
yokiug sad probate ard for sIcn s;hfr ahd lurtucf
relief as may be- lust and thar the said executors ana az
OF inc deysees and lcgatess samci IN the SAID
alleged will and Prescott Han Butler as eheru
tor OF the last will and testament 81 charles
OF tho Discese of Lolg Island and al 'thei
pesops no were parties 10 the proceein9 Ia whrh sag
probate vas granted ,ited TO show cause Why saio
probate sho nj be revoked. and why your petitioner
shol M HAYS such other and further relief ss may We
just :, i.os Ni'i' ID HIN
The petition was verified and sworn to before "ham
Z. Montgomery Notary Public. on October H.
DEWITT c. LAWRENCE DECLARED INSANE
A COMMITTEE OF HIS PERSON AND ESTATE TO DE-